Rule2023-08417
Wireless Telecommunications Bureau Extends Transition Period for Hearing Aid Compatibility Technical Standard
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Published
April 26, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireless Telecommunications Bureau (Bureau) of the Federal Communications Commission (Commission) extends the enforcement of the technical standard transition period for hearing aid compatibility by six months from June 5, 2023 to December 5, 2023. We take this step to ensure that handset manufacturers can continue to release the newest handset models capable of achieving hearing aid compatibility while we consider a pending waiver request filed by ATIS addressing the volume control requirements of the newest hearing aid compatibility technical standard.
Full Text
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<title>Federal Register, Volume 88 Issue 80 (Wednesday, April 26, 2023)</title>
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[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Rules and Regulations]
[Pages 25286-25288]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08417]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[WT Docket No. 20-3; DA 23-327; FR ID 133942]
Wireless Telecommunications Bureau Extends Transition Period for
Hearing Aid Compatibility Technical Standard
AGENCY: Federal Communications Commission.
ACTION: Order.
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SUMMARY: In this document, the Wireless Telecommunications Bureau
(Bureau) of the Federal Communications Commission (Commission) extends
the enforcement of the technical standard transition period for hearing
aid compatibility by six months from June 5, 2023 to December 5, 2023.
We take this step to ensure that handset manufacturers can continue to
release the newest handset models capable of achieving hearing aid
compatibility while we consider a pending waiver request filed by ATIS
addressing the volume control requirements of the newest hearing aid
compatibility technical standard.
DATES: The enforcement date for 47 CFR 20.19(b) is December 5, 2023.
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Eli Johnson, <a href="/cdn-cgi/l/email-protection#7431181d5a3e1b1c1a071b1a341217175a131b02"><span class="__cf_email__" data-cfemail="87c2ebeea9cde8efe9f4e8e9c7e1e4e4a9e0e8f1">[email protected]</span></a>, of
the Wireless Telecommunications Bureau, Competition & Infrastructure
Policy Division, (202) 418-1395.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission
document, WT Docket No. 20-3, DA 23-327, released on April 14, 2023.
The full text of this document is available for public inspection on
the FCC's website at: DA-23-327A1.docx, DA-23-327A1.pdf, DA-23-
327A1.txt. The document is available electronically in ASCII, Microsoft
Word, and/or Adobe Acrobat. Alternative formats are available for
people with disabilities (Braille, large print, electronic files, audio
format, etc.), and reasonable accommodations (accessible format
documents, sign language interpreters, CART, etc.) may be requested by
sending an email to <a href="/cdn-cgi/l/email-protection#d4929797e1e4e094b2b7b7fab3bba2"><span class="__cf_email__" data-cfemail="6f292c2c5a5f5b2f090c0c41080019">[email protected]</span></a> or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Synopsis
1. Today, we take action to ensure that handset manufacturers can
continue to release the newest handset models capable of achieving
hearing aid compatibility by extending the enforcement of the technical
standard transition period referenced in Sec. 20.19(b) of our hearing
aid compatibility rules by six months. This provision requires that
starting June 5, 2023, handset manufacturers must exclusively use the
2019 ANSI Standard for certifying new handset models as hearing aid-
compatible and may no longer use the 2011 ANSI Standard for
certification purposes. We take this step to ensure that handset
manufacturers can continue to certify new handset models with improved
hearing aid compatibility features under the 2011 ANSI Standard while
we consider a petition for waiver filed by ATIS to modify the 2019 ANSI
Standard to allow handset models satisfying a reduced volume control
testing methodology to be certified as hearing aid-compatible. With
this brief extension of time, we allow handset manufacturers to
continue to use either the 2011 or the 2019 ANSI Standard to certify
new handset models as hearing aid-compatible until December 5, 2023. We
expect that during this six month period handset manufacturers will
abide by their commitment to include innovative new technologies in the
handset models that they release which will benefit consumers,
especially those with hearing loss. Continuing to allow new handset
models to be certified as hearing aid-compatible is essential to moving
towards the Commission's commitment to attaining 100% hearing aid-
compatibility of covered wireless handsets, as soon as achievable.
I. Background
2. The Commission's rules require handset manufacturers to ensure
that at least 85% of the total number of handset models that they offer
to consumers are hearing aid-compatible. Handset models are considered
hearing aid-compatible if they meet ANSI technical standards that the
Commission has incorporated by reference into the hearing aid
compatibility rules. In September 2019, the ANSI Committee petitioned
the Commission to replace the existing 2011 ANSI Standard that had been
incorporated by reference into the Commission's rules with the 2019
ANSI Standard. Both standards address acoustic and inductive coupling
between wireless handsets and hearing aids, but the 2019 ANSI Standard
for the first time includes a volume control requirement. This new
standard specifically incorporates by reference the ANSI/TIA-5050:2018
volume control standard and requires handset models to meet this
standard in order to be certified as hearing aid-compatible.
3. On February 22, 2021, the Commission adopted the 2019 ANSI
Standard and the related ANSI/TIA volume control standard. The
Commission noted that ``[t]he 2019 ANSI Standard is broadly supported
by both industry and consumer groups.'' The Commission determined to
make the 2019 ANSI Standard and the associated volume control
requirement the exclusive testing standard for determining hearing aid
compatibility after a two year transition period. During the transition
period, handset manufacturers may use either the 2011 or the 2019 ANSI
Standard when certifying new handset models. The Commission found that
a two-year transition period was an appropriate length of time because
it was consistent with past practice and took into consideration the
typical handset industry product development cycle. The Commission
noted that CTIA and Samsung, among others, supported a two-year
transition period before requiring the exclusive use of the new testing
standard. The two-year transition period that the Commission adopted
ends on June 5, 2023. Without today's action, beginning on this date,
handset models would only be certified as hearing aid-compatible using
the new standard and the related volume control standard.
4. On December 16, 2022, ATIS filed a petition for waiver asking
the Commission to allow wireless handsets to satisfy a reduced volume
control testing methodology--instead of the full ANSI/TIA Volume
Control Standard incorporated into the 2019 ANSI Standard--in order to
be certified as hearing aid-compatible. According to ATIS, handset
manufacturers have discovered ``significant and material problems with
the methodology used for testing volume control'' that renders
compliance with the 2019 ANSI Standard functionally impossible for
handsets. On March 23, 2023, the Wireless Telecommunications Bureau
(Bureau) released a Public Notice seeking comment on ATIS's petition
that establishes a 45-day comment period that closes on May 18, 2023.
The Public Notice seeks comment on the petition within the context of
the
[[Page 25287]]
Commission's commitment to attaining 100% hearing aid compatibility for
all covered wireless handsets, as soon as achievable, as well as the
Commission's previous finding that a volume control requirement is
necessary ``to ensure the provision of effective telecommunications for
people with hearing loss.''
5. Subsequently, on March 29, 2023, CTIA filed a letter with the
Commission urging ``the Commission to provide near-term relief in light
of the flawed volume control testing methodology and upcoming exclusive
use compliance date of June 5, 2023.'' CTIA states that without action,
the timing of the current comment cycle will likely alter the HAC-rated
phone market. Likewise, on April 5, 2023, the ATIS Hearing Aid
Compatibility Task Force (Task Force) filed a letter urging ``the
Commission to act to grant interim, near-term relief that enables new
wireless handsets with improved or novel features for people with
hearing loss to receive HAC ratings while the Commission considers the
[ATIS] waiver request.'' In its letter, the Task Force explains that
``[h]andset testing takes several weeks, and therefore the FCC will not
be able to resolve the Petition before covered entities must test
phones in advance of the June 5, 2023 compliance date given the current
comment cycle.''
II. Discussion
6. Section 1.3 of the Commission's rules provides that the
Commission may ``on its own motion or on petition'' suspend a rule
``for good cause shown, in whole or in part, at any time.'' The
Commission may find that the ``good cause shown'' standard is met when:
(1) ``special circumstances warrant a deviation from the general rule''
and (2) ``such deviation will serve the public interest.'' In this
case, we find good cause to suspend the enforcement of the June 5, 2023
exclusive use transition date contained in Sec. 20.19(b) of our rules
for six months.
7. ATIS's petition and the subsequent letters filed by CTIA and the
Task Force express significant concerns about the pending June 5
exclusive use date for the 2019 ANSI Standard. These filings
demonstrate both that special circumstances warrant an extension of the
transition period and that an extension of the exclusive use date will
serve the public interest. First, ATIS's petition states that handset
manufacturers have discovered ``significant and material problems with
the methodology used for testing volume control.'' ATIS's petition
states that there is a flaw in the existing volume control testing
methodology that renders compliance with the standard functionally
impossible and, as a result, compliance with the requirements of the
2019 ANSI Standard impossible. ATIS asserts that we must act in order
to ensure that new handset models can be certified as hearing aid-
compatible after the exclusive use transition date passes. Without
Commission action, ATIS states that handset manufacturers will only be
able to release a limited number of new handset models, if any at all.
ATIS recognizes that the Commission's rules require handset
manufacturers to ensure that 85% of the total number of handset models
that they offer to the public are hearing aid-compatible. ATIS argues
that the 85% deployment benchmark will limit the ability of handset
manufacturers to release new handset models if they cannot certify new
handset models as hearing aid-compatible. As such, the Bureau placed
the petition on public notice to develop a record in order to fully
consider the technical aspects and functional implications of ATIS's
petition.
8. Further, CTIA and the Task Force urge the Commission to take
immediate action and grant near-term relief while the record develops
for ATIS's petition. CTIA asserts that the 2019 ANSI Standard's volume
control testing methodology contains ``insurmountable flaws'' and
without immediate Commission action the handset marketplace will be
altered. The Task Force states that ``the volume control testing
measures in the 2019 ANSI standard are unworkable.'' According to these
parties, after the exclusive use transition date passes, handset
manufacturers will not be able to certify new handset models as hearing
aid-compatible and this will harm consumers with hearing loss because
they may not consider purchasing new handset models that lack hearing
aid compatibility certification--even though these new models might
offer improved hearing aid compatibility features that better meet
their needs. This lack of certification, CTIA and the Task Force argue,
will deprive consumers with hearing loss of the information that they
need to make informed purchasing decisions. Additionally, as explained
in the Task Force's letter, handset testing takes several weeks, which
would require the covered entities to begin testing new phones before
the conclusion of the comment cycle for ATIS's Petition.
9. Moreover, the Task Force, CTIA, and ATIS indicate that during
the extended transition period, consumers with hearing loss will
receive additional benefits in terms of advancements in hearing aid-
compatible handsets. The Task Force states that ``industry stakeholders
will continue to roll out new, advanced wireless phones that have the
latest features, including volume control while the Commission provides
interim relief.'' In addition, the Task Force states that during the
period of interim relief, handset manufacturers ``will continue to
offer innovative coupling and volume control capabilities,'' and that
handset manufacturers are committed to ``continue to explore advanced
solutions and offer innovative coupling and volume control
capabilities, and improved audio quality while interim relief is in
effect.'' CTIA asserts that handset manufacturers already may be in the
process of designing new handset models to meet certain aspects of the
2019 ANSI Standard. CTIA indicates that these new handset models may
provide for improved acoustic and T-Coil coupling between handsets and
hearing aids, operate over a wider range of frequencies, and have
volume control capabilities. In its petition, ATIS stresses that new
handset models are being designed to produce increased amplification,
consistent with the Commission's goal for adopting volume control
requirements.
10. Based on the special circumstances outlined above, as well as
the commitments made by the Task Force, CTIA, and ATIS that handset
manufacturers will continue to improve coupling and volume control
capabilities of new handset models during any interim relief, we find
that granting this extension of six months of the date of enforcement
to December 5, 2023 is in the public interest. During this six-month
extension, handset manufacturers may continue to use either the 2011 or
the 2019 ANSI Standards for certification. If a manufacturer chooses to
use the 2019 ANSI Standard for certification, the submitted handset
model must meet all aspects of the standard, including the volume
control requirements, in order for the handset to be certified as
hearing aid-compatible. Otherwise, new handset models must meet all
aspects of the 2011 ANSI Standard in order to be certified as hearing
aid-compatible. The 2011 ANSI Standard is a well-established and
utilized standard for determining hearing aid compatibility and
granting this extension permitting use of the standard for six months
will ensure that new handset models will continue to be released to the
public.
11. Our extension is consistent with the policy objective
underlying our hearing aid compatibility rules. These rules are based
on the principle that consumers with hearing loss should
[[Page 25288]]
have the same access to the newest and most advanced handset models as
consumers without hearing loss. By extending the enforcement of the
transition period, we ensure that in the coming months handset
manufacturers will be able to release new handset models when they
otherwise might not be able to because of the 85% hearing aid-
compatible handset deployment benchmark. The extended transition period
permits new handset models to be certified as hearing aid-compatible,
which in turn ensures that consumers with hearing loss will have the
opportunity to consider these handsets for their needs just like
consumers without hearing loss. By granting this extension, we act to
ensure that the handset marketplace will not be disrupted by
certification issues and will continue to operate as it has during the
existing two-year transition period.
12. Additionally, a six-month extension is the appropriate length
of time to preserve the status quo pending resolution of the testing
problems identified by ATIS. This extension gives the public time to
fully review and comment on ATIS's petition, which will ensure that we
have a complete record on which to assess the request. Further, given
the complexity of the technical issues involved with ATIS's petition,
we wish to ensure that members of the public have time to meet with us
if they wish to express their views in ex parte presentations. Thus, we
agree with CTIA and the Task Force that granting interim relief serves
the public interest because it will allow the record to develop in
response to ATIS's petition.
13. We are encouraged by the technological advancements that the
Task Force, CTIA, and ATIS refer to in their filings and the commitment
by handset manufacturers to continue to innovate and to include these
innovations in new handset models released during the extended
transition period. Consumers with hearing loss will benefit from these
improvements, and we expect that handset manufacturers will incorporate
these changes into new handset models released in the coming months. In
addition, these commitments will bring us closer to the time when all
handset models will be certified as hearing aid-compatible and
consumers with hearing loss will be able to consider all handset models
for their needs, including the newest and most technologically advanced
models. We continue to strive toward our goal of 100% hearing aid
compatibility in the near future and our decision to adopt a six month
extension does not require us to adjust our time frame for making this
decision. Our extension permits handset manufacturers to continue the
process of certifying all of their handset models as hearing aid-
compatible, as many of them do now. These advancements support our
decision to grant this brief extension and ensure that our action today
is in the public interest.
14. For all of the above reasons, we find good cause to extend by
six months the enforcement of the June 5, 2023 exclusive use transition
date contained in Sec. 20.19(b) of our hearing aid compatibility rules
to December 5, 2023.
15. Paperwork Reduction Act. This document does not contain new or
substantively modified information collection requirements subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
16. Congressional Review Act. The Commission has determined, and
the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of this Order to Congress and the
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
III. Ordering Clauses
17. Accordingly, it is ordered, pursuant to section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and
Sec. Sec. 0.331 and 1.3 of the Commission's rules, 47 CFR 0.331 and
1.3, that the enforcement of the June 5, 2023 date included within
Sec. 20.19(b) is extended to December 5, 2023.
18. It is further ordered that the Office of the Managing Director,
Performance Evaluation and Records Management, shall send a copy of
this Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2023-08417 Filed 4-25-23; 8:45 am]
BILLING CODE 6712-01-P
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